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Legal Aspects of Airport Programs. Topic 04-06. The Role of the Airport Sponsor in Airport Planning and Environmental Reviews of Proposed Development Projects Under the National Environmental Policy Act (NEPA) and State Mini-NEPA Laws

Responsibility for compliance with National Environmental Policy Act (NEPA) rests with the Federal Aviation Administration (FAA). However, as the project proponent, the airport sponsor plays a significant role, for example, in identifying and defining the proposed action. This paper will explore the legal issues presented in fulfilling requirements under NEPA, related federal environmental laws, and analogous state mini-NEPA statutes in selected jurisdictions. For example, the paper should explore the extent and means by which an airport sponsor desiring to reach its goals may be considered. The paper should (1) summarize criteria typically used to define purpose and need and screen and evaluate the feasibility of alternatives, including federal statutory mission and objective factors such as safety and operational efficiency; (2) discuss the relationship between the amount of information the airport should submit and the type of NEPA action anticipated (e.g., categorical exclusions vs environmental impact statements); (3) include practical advice and strategies for addressing typical issues such as exchange of draft environmental documents after the ruling in US Department of Interior vs. Klamath Water Users Protective Association National Environmental Policy Act , 532 US 1 (2001). Sources of information for the analysis should include FAA Order 5050.4B, relevant case law, legal treatises, and law review articles.